People holding a power-of-attorney (POA) for a relative or friend at the time of death often believe that they have the right to make funeral arrangements for the person after they die. This is not the case.
If the deceased did not legally designate someone to make decisions regarding their funeral arrangements, it falls to the next-of-kin; which is the closest blood-related family member (or spouse).
The responsibility for making decisions devolves in the following order: agent under a power of attorney for health care, spouse or registered domestic partner, adult children, parents, adult siblings and other competent adult kin. NOTE: Exceptions may apply in certain situations.
Who Has the Right to Make Funeral Arrangements in California? you, if you write down instructions before you die. your health care agent, if you name one in an advance directive. your spouse or registered domestic partner. your adult child, or a majority of your children if you have more than one. your parents. your siblings.
California law specifically provides that, in the absence of written funeral instructions or a power of attorney for health care, the right to make funeral and burial arrangements shall revert to the decedent's closest surviving relatives (e.g., spouses, children, parents, brothers and sisters, or other next-of-kin).
Policy Assignment Options The recipient will complete a form to designate the benefits directly to the funeral provider or a third party, who then files a claim with the life insurance company. Policyholders can choose this option when pre-planning a funeral by naming the funeral home as the primary beneficiary.
If the insurance company does not have its own form, the funeral home may use the attached Irrevocable Assignment of Policy Ownership form. Fill out the information requested, have the policyowner sign the form before a notary, and submit the form to the insurance company.
The California Department of Consumer Affairs, Cemetery and Funeral Bureau (Bureau) licenses, regulates, and investigates complaints against 13 different licensing categories in California, totaling approximately 13,500 licensees.
Policy Assignment Options The recipient will complete a form to designate the benefits directly to the funeral provider or a third party, who then files a claim with the life insurance company. Policyholders can choose this option when pre-planning a funeral by naming the funeral home as the primary beneficiary.